Judge orders quick hearing after flip case jurors questioned

Published: Thursday, March 7, 2013 at 10:44 p.m.

Last Modified: Thursday, March 7, 2013 at 10:44 p.m.

TAMPA - Acting quickly in response to recent allegations of jury misconduct during last year's federal flipping fraud trial, U.S. District Court Judge Elizabeth Kovachevich on Thursday ordered that an evidentiary hearing be held next week.

The March 13 hearing, which will be closed to the public, is expected to involve testimony from at least two of the 12 jurors who deliberated on the case.

Kovachevich has imposed a gag order on attorneys involved, preventing them from discussing any matters regarding juror misconduct until she tells them otherwise.

“I've got to get this thing on the road,” Kovachevich said in court on Thursday. “We need to deal with this matter to ascertain whether we have to take dramatic and serious action in this case.”

The allegations raise the possibility that guilty verdicts against Paula Hornberger, George Cavallo and Joel Streinz will be thrown out. The situation arises from a female juror's alleged Internet research during deliberations.

That same juror was also coerced to change her vote from “not guilty” to “guilty” by a second juror, who threatened to expose the searches.

“The fact that the judge has acted so quickly means she's taking this very seriously,” said Arthur Patterson, a Sarasota psychologist who serves as an expert witness in juror misconduct cases. “A lot of judges don't like to do this. They don't want to hear anything that may cause a mistrial.”

Hornberger, Cavallo and Streinz were sentenced to prison in October for their roles in a decadelong flipping fraud conspiracy headed by former Sarasota real estate agent Craig Adams and his chief lieutenant, Rich Bobka, following a three-month trial.

Hornberger, who is married to Cavallo, is incarcerated in Seattle's Sea Tac federal penitentiary, while Streinz is a prisoner in a federal facility in Yazoo City, Miss.

Cavallo is not expected to turn himself in to federal Bureau of Prisons officials until June.

All three are appealing the verdicts against them.

The scheduling of the evidentiary hearing comes just 15 days after juror Patrick “P.J.” George sent an email to Karen Unger, a Washington state attorney who represented Cavallo and Hornberger at trial.

In the email, George wrote that he and an unnamed female juror from Tarpon Springs were the only members of the panel who wanted to acquit the defendants.

Unable to achieve unanimity consensus, the jury foreman informed Kovachevich that there was a hung jury.

Rather than accept that lack of decision, Kovachevich ordered the jury back to the jury room to deliberate further.

George wrote that he was willing to change his vote, to guilty, if most of the charges against the defendants were dropped. The unnamed juror, however, held firm.

George later surmised that she had used the Internet to research the case and told other jurors he would turn her in unless she changed her mind.

“I guess they convinced her I was serious,” George wrote in his email. “She then voted to convict along with the rest.”

Kovachevich said in court Thursday that she wants to get to the bottom of the matter as quickly as possible. She also told attorneys to prepare questions that she would ask witnesses next week.

“I will be doing the inquiry,” Kovachevich said. “I don't know how long it will take. If we can't finish on Wednesday, we'll keep going.”

Assistant U.S. Attorney Christopher Tuite reminded Kovachevich in court Thursday that Cavallo and his attorney may have broken Florida law in the way they obtained the email from George. But Kochachevich said there was nothing she could do about that now.

The law prevents attorneys from interviewing jurors directly or indirectly after a trial.

“The intent of the rule is to prevent one side or the other from bothering jurors,” Patterson said. “But now that the allegations have been made, the judge has decided she wants to hear what happened.”

<p><em>TAMPA</em> - Acting quickly in response to recent allegations of jury misconduct during last year's federal flipping fraud trial, U.S. District Court Judge Elizabeth Kovachevich on Thursday ordered that an evidentiary hearing be held next week.</p><p>The March 13 hearing, which will be closed to the public, is expected to involve testimony from at least two of the 12 jurors who deliberated on the case.</p><p>Kovachevich has imposed a gag order on attorneys involved, preventing them from discussing any matters regarding juror misconduct until she tells them otherwise.</p><p>“I've got to get this thing on the road,” Kovachevich said in court on Thursday. “We need to deal with this matter to ascertain whether we have to take dramatic and serious action in this case.”</p><p>The allegations raise the possibility that guilty verdicts against Paula Hornberger, George Cavallo and Joel Streinz will be thrown out. The situation arises from a female juror's alleged Internet research during deliberations.</p><p>That same juror was also coerced to change her vote from “not guilty” to “guilty” by a second juror, who threatened to expose the searches.</p><p>“The fact that the judge has acted so quickly means she's taking this very seriously,” said Arthur Patterson, a Sarasota psychologist who serves as an expert witness in juror misconduct cases. “A lot of judges don't like to do this. They don't want to hear anything that may cause a mistrial.”</p><p>Hornberger, Cavallo and Streinz were sentenced to prison in October for their roles in a decadelong flipping fraud conspiracy headed by former Sarasota real estate agent Craig Adams and his chief lieutenant, Rich Bobka, following a three-month trial.</p><p>Hornberger, who is married to Cavallo, is incarcerated in Seattle's Sea Tac federal penitentiary, while Streinz is a prisoner in a federal facility in Yazoo City, Miss.</p><p>Cavallo is not expected to turn himself in to federal Bureau of Prisons officials until June.</p><p>All three are appealing the verdicts against them.</p><p>The scheduling of the evidentiary hearing comes just 15 days after juror Patrick “P.J.” George sent an email to Karen Unger, a Washington state attorney who represented Cavallo and Hornberger at trial.</p><p>In the email, George wrote that he and an unnamed female juror from Tarpon Springs were the only members of the panel who wanted to acquit the defendants.</p><p>Unable to achieve unanimity consensus, the jury foreman informed Kovachevich that there was a hung jury.</p><p>Rather than accept that lack of decision, Kovachevich ordered the jury back to the jury room to deliberate further.</p><p>George wrote that he was willing to change his vote, to guilty, if most of the charges against the defendants were dropped. The unnamed juror, however, held firm.</p><p>George later surmised that she had used the Internet to research the case and told other jurors he would turn her in unless she changed her mind.</p><p>“I guess they convinced her I was serious,” George wrote in his email. “She then voted to convict along with the rest.”</p><p>Kovachevich said in court Thursday that she wants to get to the bottom of the matter as quickly as possible. She also told attorneys to prepare questions that she would ask witnesses next week.</p><p>“I will be doing the inquiry,” Kovachevich said. “I don't know how long it will take. If we can't finish on Wednesday, we'll keep going.”</p><p>Assistant U.S. Attorney Christopher Tuite reminded Kovachevich in court Thursday that Cavallo and his attorney may have broken Florida law in the way they obtained the email from George. But Kochachevich said there was nothing she could do about that now.</p><p>The law prevents attorneys from interviewing jurors directly or indirectly after a trial.</p><p>“The intent of the rule is to prevent one side or the other from bothering jurors,” Patterson said. “But now that the allegations have been made, the judge has decided she wants to hear what happened.”</p>